iT- V APHC010129902021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Vi 0^ FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2241 OF 2021 Between: 1. Jampugumpula Mangamma, W/o J.Adinarayana, Aged about 70 Occ- Agriculturist, Resident of D.No.1-62, Bondalawada village, Narpala Mandal, Anantapuramu District. years 2. J.Jayachandra Naidu, S/o J.Reddeppa Naidu, Aged about 47 years, Occ- Agriculture Resident of Perumalaiahgaripalle H/o Manchuru village, Valmikipuram Mandal, Chittoor District. 3. Jampugumpula Adinarayana, S/o Late Chinna Venkataiah, Aged about 70 years, Occ- Agriculturist, Resident of D.No.1/50, O.C.Colony, Bondalawada village, Narpala Mandal, Anantapuramu District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep.by its Public Prosecutor, High court of Andhra Pradesh at Amaravtahi. 2. Kapadam Rajakullayappa, S/o K.Kullayappa, Aged about 42 years, Occ- Coolie, Resident of Bondalawada village, Narpala Mandal, Anantapuramu District. ...RESPONDENTS // 7 4 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court <• pleased to call for the records pertaining to C.C.No.81 of 2021 on the file of Principal, Judicial Magistrate cf First Class, Anantapuramu, Anantapuramu District arising out of Crime No.18/2021 of Narpala Police Station, Anantapuramu District. / • / / lA NO: 1 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to dispense with the filing of certified copy of Charge sheet in C.C.No.81 of 2021 on the file of Principal Judicial Magistrate of First Class, Anantapuramu, Anantapuramu District arising out of Crime No. 18/2021 of Narpala Police Station, Anantapuramu District. lA NO: 2 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings including appearance of the petitioners in C.C.No.81 of 2021 on the file of Principal Judicial Magistrate of First Class, Anantapuramu, Anantapuramu District arising out of Crime No.18/2021 of Narpala Police Station, Anantapuramu District. Counsel for the Petitioners : SRI. VUTUPALLI RAJANNA Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following ORDER : / / ■ / APHC010129902021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2241/2021 Between: 1.JAMPUGUMPULA MANGAMMA, W/0 J.ADINARAYANA, AGED ABOUT 70 YEARS, OCC- AGRICULTURIST, RESIDENT OF D.N0.1- 62, BONDALAWADA VILLAGE, NARPALA MANDAL, ANANTAPURAMU DISTRICT. 2.J.JAYACHANDRA NAIDU, S/0 J.REDDEPPA NAIDU, AGED ABOUT RESIDENT OF VILLAGE, 47 YEARS, OCC- AGRICULTURE, PERUMALAIAHGARIPALLE H/0 MANCHURU VALMIKIPURAM MANDAL, CHITTOOR DISTRICT. 3.JAMPUGUMPULA ADINARAYANA, S/0 LATE CHINNA VENKATAIAH, AGED ABOUT 70 YEARS, OCC- AGRICULTURIST, RESIDENT OF D.NO.1/50, O.C.COLONY, BONDALAWADA VILLAGE, NARPALA MANDAL, ANANTAPURAMU DISTRICT. ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVTAHI. 2.KAPADAM RAJAKULLAYAPPA, S/0 K.KULLAYAPPA, ABOUT 42 YEARS, OCC- COOLIE, RESIDENT OF BONDALAWADA VILLAGE, NARPALA MANDAL, ANANTAPURAMU DISTRICT. ...RESPONDENT/COMPLAINANT(S): AGED Counsel for the Petitioner/accused(S): 1.VUTUPALLI RAJANNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section Code, 1973, has been filed by the quashment of proceedings against them of the Court of Principal Judicial Magistrate Anantapuramu District for the offences with 34 I PC. 482 of the Criminal Procedure petitioners/accused Nos.1 to 3 seeking in C.C.No.81 of 2021, on the file of First Class, Anantapuramu, under Sections 447 and 427 read 2. Heard Sri V. Rajanna, learned Ms.K. Priyanka Lakshmi, learned Assistant Public counsel for the Petitioners, and Prosecutor. 3. Learned counsel for the Petitioners herein purchased the subject property from the father in the year 2001 under would submit that the Petitioners of Respondent No.2 an unregistered agreement of sale coupled with possession vide agreement dated 22.05.2001. Since then the Petitioners have been in possession and enjoyment of the Thereafter, on the demise of his father, Respondent No.2 rai regarding the said property. Learned counsel Petitioners herein have preferred Writ Petition obtained an order of status-quo vide order order is in existence. Respondent No.2 lodged subject property. ~ raised a dispute would further submit that the No. 14647 of 2020 and dated 21.08.2020. When such this false case against the / 3 Petitioners, initially, for the offences like cheating, forgery, trespassing, mischief, etc. Thereafter, the offences for cheating, forgery, and coilection of fabricated documents were deleted Learned counsel would further submit that, Respondent No.2 did not turn except Sections 447 and 427 I PC. despite receiving the notice, up. It is submitted that the subject matter is civil in nature. The petitioners have purchased the property, and their possession over the property is by virtue of an unregistered agreement of sale coupled with possession, is known to everyone in the village. Learned counsel would further submit that the names of the Petitioners have been mutated in the revenue record. Learned counsel would further submit that the offences like trespassing and mischief are not maintainable against the Petitioners by virtue of the status-quo order passed by a Coordinate Bench of this Court in W.P.No.14647 of 2020. 4. Learned Assistant Public Prosecutor would submit that after due investigation, the police filed the charge sheet against the Petitioners the Court has taken cognizance for the offences punishable under , and Sections 447 and 427 IPC. Learned Assistant Public Prosecutor would further submit that the Court may pass appropriate orders. 5. Considering the submissions and a fair look at the material placed record, and as rightly put by the learned counsel for the Petitioners, virtue of the order of a Coordinate Bench of this Court in W.P.No.14647 of on by 2020, the possession of the Petitioners over the subject property is being protected by status-quo. Admittedly, the status-quo was in force as on the 4 date of registration of the crime. The record further shows that the Petitioners are claiming right and possession over the property by virtue of an unregistered agreement of sale said to have been executed by the father of Respondent No.2 in the year 2001. In view of the subsistence of the order of status-quo protecting the possession of the Petitioners subjection property, the question of criminal trespass into the said and mischief does not arise. In that view, it is a fit case for quashment. 6. In the result, this criminal petition is allowed, quashing the proceedings against the Petitioners in C.C.No.81 of 2021, on the file of the Principal Judicial Magistrate of First Class, Anantapuramu, Anantapuramu District. over the property Pending interlocutory applications, if any, shall stands closed. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR // ^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Judicial Magistrate cf First Class, Anantapuramu, Anantapuramu District 2. The Station House Officer, Narpala Police Station, Anantapuramu District 3. One CC to Sri. Vutupalli Rajanna Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Two CD Copies PR TAC HIGH COURT DATED:01/08/2025 ORDER CRLP NO. 2241 OF 2021 ^ 2 5 SEP 2025 )S« rrentSectiMX# ALLOWING THE CRLP